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Railway Claims

(Querist) 29 August 2008 This query is : Resolved 
If a person is travelling with a II class ticket but found in a sleepar/higher class coach in a train and it meets with an accident. What compensation would be given to the heirs of such a passenger ?
Murali Krishna (Expert) 30 August 2008
RCT Act, and Sec 123 & 124 A of Railways Act deals with the subject. Any bonafide passenger who meets aith an accident is entitled for compensation.

In your case, the question is a passenger who, eventhough has a valid ticket but travelling in a higher class. Per se, he may not be called as bonafide passenger, but having been allowed him to travel in higher class, it cannot be contended that he is not a bonafide passenger. Further, there is a possibility for the passenger to pay the difference and regularise his travel authority had the Ticketing staff were available. It depends on the fact situation.
SANJAY DIXIT (Querist) 30 August 2008
Thanks Sri Murali.
Adv.Shine Thomas (Expert) 03 September 2008
the passenger is entitled for compensation because he has a valid railway ticket.I think every valid railway passengers are protected by the railway company.Is it true?
SANJAY DIXIT (Querist) 03 September 2008
Yes its abs. true.
Thanks dear Shine for your valuable suggestion.
Adv.Shine Thomas (Expert) 11 February 2009
It was decided in Northern Railway General Manager Vs Abhi Suresh

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